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Robinson v. State7/13/2005
r was ineffective are inapposite. The defendants in those cases did not enter a plea to a single misdemeanor; rather, they contested felony charges and asserted by words or conduct their right to represent themselves at trial. We have required a higher level of scrutiny in those circumstances to ensure that defendant understands the dangers of self-representation.
We conclude that Magistrate Zwink did not err in denying Robinson's request for a hearing and in sentencing him as a second offender. Because Robinson presented no evidence that his waiver of counsel in 1988 was ineffective, we need not decide whether he would have been entitled to an evidentiary hearing to collaterally challenge his prior conviction on this ground if he had presented evidence that his waiver was invalid.
Conclusion
Robinson's sentence is AFFIRMED.
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